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The Bombay High Court denied the application for provisional medical bail of NCP leader Nawab Malik, and noted that he had received adequate medical assistance at a private hospital of his choice, that his health was being monitored by specialist doctors, and that his right to health or life was not subject to any legal obligation. Not violated in any way.
The High Commissioner considered that, as there were no compelling reasons to warrant a temporary medical bail, this was refused to him.
One female judge, Anuja Prabudisai, refused relief to Malik on Thursday and a detailed order was issued on Saturday.
The Emergency Department arrested the ex-minister on February 23 last year in a money laundering case registered on the property of Jawwala Complex in Korla, allegedly linked to fugitive gangster Dawood Ibrahim. He has been in judicial custody since March 2022. He has been admitted to Criticare Hospital, Korla, since May 2022. The Special Court said he will remain in hospital until further orders.
“It is indisputable that the right to health is recognized as an important aspect of Article 21. It is a right available to every person including a prisoner or a convict at the first instance. Indeed, the failure of the State to provide adequate medical assistance to prisoners, who depend to a large extent On the prison authorities, it would be a violation of the right guaranteed under Article 21 of the Constitution.
However, the Court noted that in the present case, the applicant suffering from several pre-existing diseases was admitted to the state-run JJ Hospital from 25 to 28 February last year and thereafter as well. Moreover, he is being treated at Criticare Asia, a multi-specialty hospital of his choice since May 17, 2022.
The applicant is provided with appropriate, effective and specialized medical assistance, and his health status is monitored by doctors who specialize in this field. Hence, his right to health or the right to life is not infringed or violated in any way,” the court noted.
“In the circumstances, and in the absence of compelling reasons to justify the granting of temporary bail on medical grounds, I am not inclined to exercise the discretion in granting bail to the applicant under the provision of Section 45 (1) of the PMLA. Hence the application for provisional bail was refused For medical reasons,” Judge Prabudisai said.
Senior lawyer Amit Desai, who is representing Malik, argued that the applicant’s health had deteriorated over the past eight months, and his kidney problem worsened after his arrest. Desai said that Malik suffers from a chronic kidney disease and has only one functional kidney which has also deteriorated and is currently functioning at 60 per cent capacity, and the Supreme Court has considered this as a reason to release him on medical bail in several cases before.
Desai sought a sympathetic approach from the court as it relates to Malik’s basic right to personal freedom under Article 21 of the Constitution.
The Central Agency, through Additional Advocate General Anil Singh, argued that Malik was receiving appropriate treatment by the prison authorities and then in a private hospital soon after his arrest, and could afford the cost. Therefore, the agency said, there was no need to grant him temporary bail for medical reasons and his condition was not as critical as depicted in the petition.
The court will hear Malik’s plea on the merits on July 27.
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